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OPPENHEIMER v. NOVELL, INC.

No. 93-C-1018-S.

851 F.Supp. 412 (1994)

Gordon S. OPPENHEIMER, on behalf of himself and all others similarly situated, Plaintiffs, v. NOVELL, INC., Raymond J. Noorda and James R. Tolonen, Defendants.

United States District Court, D. Utah, Central Division.

May 4, 1994.

Attorney(s) appearing for the Case

Thomas R. Karrenberg, Anderson & Karrenberg, Salt Lake City, UT, Daniel W. Krasner, Lawrence P. Kolker, Wolf, Haldenstein, Adler, Freeman & Herz, New York City, Francis M. Gregorek, Wolf, Haldenstein, Adler, Freeman & Herz, San Diego, CA, for plaintiff.

Stepehn J. Hill, Snow, Christensen & Martineau, Salt Lake City, UT, Boris Feldman, Terry T. Johnson, Wilson, Sonsini, Goordich & Rosati, Palo Alto, CA, for defendant.

ORDER

SAM, District Judge.

This securities fraud class action is before the court on defendants' Motion to Dismiss. This motion is based on several arguments: first, that the complaint fails to adequately allege scienter in the making of false statements; second, that the complaint fails to identify the persons who allegedly made false statements to stock analysts; and third, that the facts which defendant is alleged to have withheld were commonly known...

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